B-181262, JUN 11, 1974
Highlights
SINCE OFFEROR WAS ADVISED THAT ITS PROPOSAL WAS DETERMINED TO BE UNACCEPTABLE BY AGENCY LETTER OF APRIL 19. WHICH WAS RECEIVED APRIL 22. PROTEST IS UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDES THAT "IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY. ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***.". WHICH LETTER WAS RECEIVED BY AUTOMATED ON APRIL 22. WHICH WAS DATED MAY 9. WE HAVE HELD THAT IT IS OBLIGATORY UPON A PROTESTER TO FILE ITS PROTEST WITH OUR OFFICE WITHIN 5 DAYS OF NOTIFICATION OF INITIAL ADVERSE AGENCY ACTION. 52 COMP. IT APPEARS THAT AUTOMATED WAS NOTIFIED OF THE REJECTION OF ITS PROTEST WITH THE CONTRACTING AGENCY APPROXIMATELY 4 WEEKS BEFORE ITS PROTEST WAS FILED WITH OUR OFFICE.
B-181262, JUN 11, 1974
SINCE OFFEROR WAS ADVISED THAT ITS PROPOSAL WAS DETERMINED TO BE UNACCEPTABLE BY AGENCY LETTER OF APRIL 19, 1974, WHICH WAS RECEIVED APRIL 22, 1974, AND OFFEROR DID NOT PROTEST TO THIS OFFICE UNTIL MAY 16, 1974, PROTEST IS UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDES THAT "IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***."
TO AUTOMATED PROCESSES, INC.:
AUTOMATED PROCESSES, INCORPORATED, PROTESTS AGAINST THE REJECTION OF ITS PROPOSAL UNDER REQUEST FOR PROPOSALS (RFP) NO. DAAB09-74-R-0021, ISSUED BY THE UNITED STATES ARMY ELECTRONICS COMMAND, ALEXANDRIA, VIRGINIA.
PURSUANT TO AN ORAL PROTEST OF APRIL 18, 1974, BY AUTOMATED PROCESSES, THE CONTRACTING OFFICER ADVISED AUTOMATED OF THE REJECTION OF ITS PROPOSAL BY TELEPHONIC COMMUNICATION OF APRIL 18, 1974, CONFIRMED BY LETTER DATED APRIL 19, 1974, WHICH LETTER WAS RECEIVED BY AUTOMATED ON APRIL 22, 1974. IN ITS LETTER OF PROTEST TO OUR OFFICE DATED MAY 16, 1974, AUTOMATED REFERS TO A LETTER IT RECEIVED ON MAY 13, 1974, WHICH AUTOMATED DESCRIBED AS A DECISION FROM THE CONTRACTING OFFICER DENYING ITS PROTEST. HOWEVER, THE RECORD REVEALS THAT THE LETTER REFERRED TO BY AUTOMATED, WHICH WAS DATED MAY 9, 1974, REFERENCED AND CONFIRMED THE CONTRACTING OFFICER'S LETTER OF APRIL 19, 1974, REFERRED TO ABOVE.
SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS STATES THAT WHEN A TIMELY PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, SUBSEQUENT PROTESTS TO OUR OFFICE MUST BE FILED "WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION" IN ORDER TO BE CONSIDERED. WE HAVE HELD THAT IT IS OBLIGATORY UPON A PROTESTER TO FILE ITS PROTEST WITH OUR OFFICE WITHIN 5 DAYS OF NOTIFICATION OF INITIAL ADVERSE AGENCY ACTION. 52 COMP. GEN. 20, 23 (1972). IT APPEARS THAT AUTOMATED WAS NOTIFIED OF THE REJECTION OF ITS PROTEST WITH THE CONTRACTING AGENCY APPROXIMATELY 4 WEEKS BEFORE ITS PROTEST WAS FILED WITH OUR OFFICE. THEREFORE, AUTOMATED'S PROTEST IS UNTIMELY UNDER THE PROVISIONS OF SECTION 20.2(A) CITED ABOVE.
ACCORDINGLY, WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION.